Offence Of Insult
Prosecution is an offence subject to complaint. In other words, when the victim waives the complaint, the file is dropped. Only insulting a public official is not subject to complaint. The crime of insult is regulated in the Crimes Against Persons section of the Turkish Penal Code No. 5237 and in the Crimes against Honour section. Crimes against honour are crimes aimed at preventing attacks on the moral existence of the person and protecting the right to honour. The crime of insult is regulated under the title of offences against honour between Articles 125 and 131 of the TPC. The offence of insult can be committed in 2 different ways:
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Attributing a concrete situation and fact that may offend honour, honour and dignity (For example; that man is a murderer, that woman was caught stealing, etc.).
Swearing (Bastard, dog, dishonourable, etc.)
The offence of defamation is a direct attack on the personal rights of the person arising from being an individual. With the crime of defamation, “honour”, which is a social concept, and the self-respect of the person are protected. Human personality is a whole with its material and spiritual existence. It is necessary to protect the spiritual existence of the person as well as the material (physical) existence. While the material existence of the person is protected by crimes against bodily integrity such as manslaughter and wounding, the moral existence is protected by crimes against honour (insult etc.). The material and moral existence of the human being is protected by Article 17 of the Constitution.
The offence of insult is one of the types of offences that are widely applied in Turkish Criminal Law. It is regulated between Articles 125-131 in the Eighth Section titled “Offences Against Honour” of the Second Part of the Second Book of the Turkish Criminal Code No. 5237 on Offences Against Persons. In this article, as Kadim Law and Consultancy, we will explain the crime of insult, the characteristics, elements and punishment of the crime of insult, the court in charge in the crime of insult, the statute of limitations, reconciliation, the complaint period, the judicial fine in the crime of insult, postponement and deferral of the announcement of the verdict.
WHAT IS THE OFFENCE OF INSULT?
The offence of defamation under Article 125 of the TPC is a type of crime that consists of “imputing a concrete act or fact” or “swearing” to a person in a way that may offend his/her honour, honour and dignity, and in this respect, it is an optional action type of crime.
The offence of insult is within the scope of the general offence of insult among the types of offences described as offences of insult. There are also types of crimes called special insult crimes, which protect other legal values in addition to or apart from the honour of persons;
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Insulting the President of the Republic, which are offences under the Offences against the Signs of Sovereignty of the State and the Dignity of its Organs (Article 299 of the TPC),
Denigrating the signs of sovereignty of the state (Article 300 of the Turkish Penal Code),
Denigrating the Turkish nation, the Republic of Turkey, the institutions and organs of the state (Article 301 of the Turkish Penal Code)
Such as insulting the flag of a foreign state (TCK art.341), which is regulated under Offences against Relations with Foreign States.
The conditions of the offence of insult are not limited to Article 125. In the eighth section of the second part of the TPC titled “Offences against Honour”, Article 125 regulates the offence of insult and its qualified forms, Article 126 determines the victim, Article 127 the proof of the allegation, Article 128 the immunity of claim and defence, and Article 129 the reasons for the abolition or reduction of the penalty. Article 130 is entitled “insulting the memory of a person”. Article 131 deals with the procedure of investigation and prosecution.
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